Historia evolución de la responsabilidad del estado en las fallas en el servicio gineco - obstetra en Colombia.

Abstract

The State Council is in a constant evolution for the protection of human rights, more specifically in this investigation of life in connection with health, therefore by maintaining this fluctuation between the different evidentiary burdens that are available in Colombia . That throughout this investigation it was shown and denoted that the subjective responsibility is in the head of the doctor since he must prove that the procedure was carried out with total diligence and care and that force majeure reasons were more the ones that led to the events that occurred in each case that generated the Litis, now on the other hand we have the objective responsibility is based on the fact that the defendant can only be freed if he shows that the responsibility does not fall on his actions but on the contrary the doctor for his negligence helped or caused the damage suffered and additionally we have the dynamic burden of proof which opens a spectrum to the evidentiary system based on the fact that the part that is very easy to obtain the evidentiary burden is the one that must prove the facts causing the damage. To understand the previous relationship with the situation of state responsibility and a possible failure in the service, it must be framed that the axiological elements of responsibility are: damage, fault and causal link.